During the Covid-19 virus crisis, it is important for contractors to protect themselves from possible legal action by adhering to the provisions of current contracts, lawyers advise.
“The virus and its economic impact will almost alter pre-existing plans for owners, developers, general contractors, subcontractors, and everyone else down the chain,” according to Balch & Bingham LLP. “While many are understanding of these circumstances, there are ways to ensure you are protected going forward.” They advise:
· Review on-going contracts and locate their delay, force majeure, change order, termination, suspension and other relevant provisions.
· Comply with time-sensitive notice requirements. This includes supply agreements and insurance policies. When there is uncertainty over whether to invoke a provision in a document, consider putting the other party on notice to protect your rights.
· Scrupulously document developments. “Proving delays, labor shortages, supply interruption, and other project impacts tomorrow will depend on the evidence being created (or not being created) today.” Simple email or daily notes are acceptable to record the impacts from COVID-19.
· Check your insurance coverage. Business interruption insurance typically includes complex provisions and exclusions.
· Anticipate operational problems. “Administrative tasks might be easily completed from home while supply chains may be severely limited by a reduced and quarantined workforce thousands of miles away.” Anticipate likely problems and try to plan for them.
Related Stories
| Dec 4, 2014
New airports raising green standards to new heights
Recent airport designs are bigger and much more efficient, based on a look at recent projects in Mexico City, London, and China.
| Dec 4, 2014
Rock Hill, S.C., puts moratorium on multifamily construction
City officials say the flurry of apartment construction over the past year has strained resources, including public services and infrastructure.
| Dec 4, 2014
Ontario contractors renew push for prompt payment legislation
A new coalition of Ontario contractors, construction associations, suppliers and trade unions will push for a revival of prompt payment legislation late this year.
| Dec 4, 2014
Roofing material manufacturers extend research project on sustainable roofing
A coalition of trade groups is sponsoring continued analysis of a reroofing project at the Onondaga County Correctional Facility in Jamesville, New York.
| Nov 26, 2014
Colorado must fix construction defects law, Denver Post says
Colorado's “vexing construction defects law” has hampered the building of new condominiums in the state, according to an editorial in the Denver Post.
| Nov 26, 2014
Cheyenne, Wyoming City Council kills downtown design standards proposal
The Cheyenne, Wyoming City Council voted down a measure that would have implemented design standards for new construction and building additions downtown.
| Nov 26, 2014
ASTM International develops first product category rules for asphalt roofing industry
The Asphalt Roofing Manufacturers Association (ARMA) and ASTM International have developed Product Category Rules (PCR) for asphalt roofing in North America.
| Nov 26, 2014
International Green Construction Code will include option for outcome-based approach
The outcome-based approach requires the building owner to provide the building’s utility bills for a 12-month period within three years.
| Nov 20, 2014
Pentagon is reviewing hospital construction standards
An independent review panel of military specialists met with healthcare leaders Nov. 12 to consider whether construction standards for medical centers should be strengthened to align with industry best practices.
| Nov 20, 2014
ConsensusDocs releases first standard agreement for commissioning contracting
The new standard contract provides a contractual vehicle for owners to save significant money from operation and maintenance costs regarding energy performance.
